A Trial on Paper: A Potential Win by Filing a Motion for Summary Judgment

In federal court, a party can successfully obtain a win while the case is in the pretrial stage with a well-written motion for summary judgment. Pursuant to Rule 56(a) of the Federal Rules of Civil Procedure, a court can only grant a motion for summary judgment if the movant shows the court that there is no genuine dispute as to any facts of the case and the movant is entitled to judgment as a matter of law. Additionally, Rule 56(b) provides that unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.

In Anderson v. Liberty Lobby, Inc., the U.S. Supreme Court acknowledged that "[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude entry of summary judgment." See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). Particularly, a court should grant a summary-judgment motion against the party "who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986).

In hindsight, a summary-judgment motion can simply be viewed as a trial on paper based on admissible evidence. Such evidence must be viewed in the light most favorable to the non-moving party. Indeed, to defeat the moving party's summary-judgment motion, the non-moving party must submit admissible evidence that creates a genuine issue of material fact. If the moving party fails to prove the validity of the summary-judgment motion, another available option is to file a partial summary-judgment motion in attempts to remove some of the claims from the case. It is worth noting that a partial summary-judgment motion only attacks specific claims or defenses, but it does not eliminate the need for a trial. Conversely, a motion for summary judgment can remove the entire case without the need for a trial.

Before drafting a motion for summary judgment, here are a few tips that can assist a party with possibly defeating their opponent on paper.

First, before you begin the first draft, it is important to be familiar with the elements of the claims, the defenses, and the damages that the non-moving party is seeking in the initial complaint. In being proactive, it can be determined in the early stages of your case if the alleged claims have any factual basis and if filing a motion for summary judgment is necessary.

Second, it is key to be cognitive of the stage of the proceedings and the deadline to file the motion for summary judgment. The last thing you want to do for your client is file a summary-judgment motion after the time period provided by the Federal Rules of Civil Procedure.

Lastly, based on admissible evidence, be aware of whether the evidence supports filing a motion for summary judgment, or in the alternative, a partial motion for summary judgment. Even if filing a summary-judgment motion is not an option, a partial motion for summary judgment may contain some claims from the case.